Agenda 06/24/2008 Item #10I
Agenda Item No. 101
June 24. 2008
Page 1 of 8
EXECUTIVE SUMMARY
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A
RESOLUTION TO OPPOSE THE LEASING OF THE ALLIGATOR ALLEY
TOLL FACILITY.
OBJECTIVE: To approve a resolution opposing the leasing of the Alligator Alley toll facility.
CONSIDERATIONS: The State of Florida has expressed an interest in seeking a private
concessionaire to operate the Alligator Alley toll facility for a period of between fifty (50) and
seventy-five (75) years. On May 8, 2008 FDOT issued a Request for Qualifications (RFQ) to
lease, maintain, operate and receive toll revenues from Alligator Alley (1-75), through a
concession agreement, a Public Private Partnership (P3). Despite strong local opposition to
leasing the Alligator Alley toll facility, the State may award the concession for operating the toll
facility to a private concessionaire as early as the fall of2008.
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the RFQ and subsequent concession agreement has not been vetted through the local
Metropolitan Planning Organizations (MPOs) or the counties adjacent to the facility. In fact, the
current schedule and proposal does not plan for or provide for any local agency review and
concurrence.
Section 338.165(2), Florida Statutes, states that as to such revenue-producing projects located on
the State Highway System, "any remaining toll revenue shall be used for the construction,
maintenance, or improvement of any road on the State Highway System within the county or
counties in which the revenue-producing project is located...[;]" Remaining toll revenue for the
facility is required to be used for those State Highway System roads located within Collier
County and Broward County.
The following is a partial list of potential projects on the State Highway System located within
Collier County, Florida:
. SR82 (Lee County line to SR29)
. SR29 by-pass
. SR29 (lmmokalee Rd to 1-75)
. 1-75/ Everglades Blvd Interchange
. 1-75/ CR95l / Davis Interchange
. Jolley Bridge
. US4l (CR95l to Six L Farms)
. Davis Blvd (Airport Road to Radio Road)
. 1-75 (Lee County line to the CR951lnterchange)
. SR95l (US4l to the Jolley Bridge)
. Emergency Services Area along Alligator Alley
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One of the proposed Resolutions opposes the leasing of the Alligator Alley toll facility, the lack
of adequate public participation in the process and, alternatively, supports the notion that any
Agenda Item NO.1 01
June 24, 2008
Page 2 of 8
remaining toll revenue from the facility be used to improve, construct or maintain State Highway
System roads located within Collier County as required by law. The other proposed Resolution is
consistent with that recently approved by the MPO on June 13, 2008; which opposes the leasing
of the toll facility and the lack of adequate public participation in the process.
GROWTH MANAGEMENT IMPACT: The proposed resolutions do not impact or
conflict with the Growth Management Plan.
LEGAL CONSIDERATIONS: The Agreement and Executive Summary have been
reviewed and approved by the County Attorney's Office for form and legal sufficiency. - SRT.
FISCAL IMPACT: The privatization of the Alligator Alley toll facility will directly and
indirectly increase the fiscal impact to Collier County residents through higher tolls rates and
higher costs for goods and services. The private concession agreement may transfer the existing
and future revenue stream from the toll facility to the state for reallocation inconsistent with the
current Florida Statutes.
RECOMMENDATION: That the Board of County Commissioners approves one of the
attached proposed Resolutions opposing the leasing of the Alligator Alley toll facility.
Prepared by Nick Casalanguida, Transportation Plaruling Director
Attachments; I) Proposed Resolutions; 2) MPO adopted version of the Resolution
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Page 1 of I
Agenda Item NO.1 01
June 24, 2008
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
101
Meeting Date:
Request that the Board of County Commissioners approve a Resolution to oppose the
leasing of the Alligator Alley toll facility. (Norman Feder, Transportation Services
Administrator}
6/24/2008 900:00 AM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
6/17/20087:39 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/17/20082:36 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/17/20082:42 PM
Approved By
Norm E. Feder, Ale?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
6/17/20083:06 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
6/17/20083:07 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/17/20083:41 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/17/20083:50 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/17/20085:35 PM
file://C:lAgendaTest\Export\ 11 0-June%2024, %202008\ 1 O. %20COUNTY%20MANAGER...
6/18/2008
RESOLUTION 2008-
Agenda Item NO.1 01
June 24, 2008
Page 4 of 8
RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS IN
OPPOSITION TO THE LEASING OF THE ALLIGATOR ALLEY TOLL
FACILITY AND THE LACK OF ADEQUATE PUBLIC NOTICE AND
INVOLVEMENT RELATED THERETO AND, IN THE EVENT THAT THE
STATE SHOULD LEASE THE TOLL FACILITY TO A PRIVATE
CONCESSIONAIRE, IN SUPPORT OF RETAINING ANY REMAINING TOLL
REVENUE FROM THAT REVENUE PRODUCING FACILITY WITHIN
COLLIER COUNTY FOR THE CONSTRUCTION, MAINTENANCE OR
IMPROVEMENT OF ANY ROAD ON THE STATE HIGHWAY SYSTEM
LOCATED IN COLLIER COUNTY AS REQUIRED BY FLORIDA STATUTE,
SECTION 338.165(2).
WHEREAS, the Florida Department of Transportation ("FOOT") issued a "Request for
Qualifications to Lease, Maintain, Operate and Receive Toll Revenues From Alligator Alley (1-
75), through a Concession Agreement (A Public Private Partnership)" on May 8, 2008 (the
"RFQ"); and
WHEREAS, the State has expressed an interest in seeking a private concessionaire to
operate the Alligator Alley Toll Facility for a period of between fifty (50) and seventy-five (75)
years; and
WHEREAS, toll transactions during fiscal year 2007 produced approximately $23.5
million dollars in revenue compared to approximately $6.1 million in costs of operating and
maintaining the Alligator Alley Toll Facility for that same period; and
WHEREAS, the Collier County Board of Commissioners has previously stated its
opposition to the State's efforts to lease the Alligator Alley Toll Facility and continues to oppose
any plan to lease the operation of the Toll Facility; and
WHEREAS, the Collier County Board of Commissioners has previously stated its
objection to the State's lack of adequate advance notice, local public involvement, including but
not limited to submittal to the Collier Metropolitan Planning Organization and its sub
committees, for the opportunity to review and comment on the potential lease of the Alligator
Alley Toll Facility; and
WHEREAS, the Collier County Board of Commissioners realizes that despite its strong
opposition to leasing the Alligator Alley Toll Facility the State may award the concession for
operating the Toll Facility to a private concessionaire in the future; and
WHEREAS, Florida Statute, Section 338.165(2) states that as to such revenue-producing
projects located on the State Highway System, "any remaining toll revenue shall be used for the
construction, maintenance, or improvement of any road on the State Highway System within the
county or counties in which the revenue-producing project is located.. .[;]" all such remaining
toll revenue for that facility is required to be used for those State Highway System roads located
within Collier County; and
Agenda Item NO.1 01
June 24. 2008
WHEREAS, the following roads on the State Highway System located in c;m~i of 8
County, Florida have construction, maintenance or improvement needs, including but not limited
to:
. SR82 (Lee County line to SR29)
. SR29 by-pass
. SR29 (Immokalee Rd to 1-75)
. 1-75/ Everglades Blvd Interchange
. 1-75/ CR95 1 / Davis Interchange
. Jolley Bridge 4-laning improvement project
. US4l (CR951 to Six L)
. Davis Blvd (Airport Road to Radio Road)
. 1-75 (Lee County line to CR95 1 Interchange)
. SR95l (US4l to Jolley Bridge)
. Emergency Services Area along Alligator Alley; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, THAT:
1. The Collier County Board of Commissioners opposes the leasing of the Alligator
Alley Toll Facility to a private concessionaire as initiated by the State's RFQ and
objects to the State's lack of adequate advance notice, local public involvement and
submittal to the Collier Metropolitan Planning Organization and its sub committees
for the opportunity to review and comment on the potential lease of the Alligator
Alley Toll Facility.
2. In the event that the State leases the Alligator Alley Toll Facility to a private
concessionaire despite Collier County's objection, in accordance with Florida Statute,
Section 338.165(2), any remaining toll revenue from that revenue-producing facility
shall remain in Collier County for the construction, maintenance, or improvement of
any road on the State Highway System located within the county.
This Resolution PASSED and duly adopted by the Collier County Board of County
Commissioners for Collier County, Florida, after majority vote on this 24th day of June, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
By:
Tom Henning, Chairman
Approved as to form and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
Agenda Item NO.1 01
June 24,2008
Page 6 of 8
RESOLUTION 2008-
THIS RESOLUTION OF THE COLLIER METROPOLITAN PLANNING
ORGANIZATION IS IN OPPOSITION TO THE LEASING OF THE
ALLIGATOR ALLEY TOLL FACILITY AND IS ALSO IN OPPOSITION TO
THE LACK OF ADEQUATE PUBLIC NOTICE AND INVOLVEMENT.
WHEREAS, The Florida Department of Transportation ("FOOT") issued a "Request for
Qualifications to Lease, Maintain, Operate and Receive Toll Revenues From Alligator Alley (1-
75), through a Concession Agreement (A Public Private Partnership)" on May 8, 2008 (the
"RFQ"); and
WHEREAS, the State has expressed an interest in seeking a private concessionaire to
operate the Alligator Alley Toll Facility for a period of between fifty (50) and seventy-five (75)
years; and
WHEREAS, toll transactions during fiscal year 2007 produced approximately $23.5
million dollars in revenue compared to approximately $6.1 million in costs of operating and
maintaining the Alligator Alley Toll Facility for that same period; and
WHEREAS, the Collier Metropolitan Planning Commission has previously stated its
opposition to the State's efforts to lease the Alligator Alley Toll Facility and continues to oppose
any plan to lease the operation of the Toll Facility; and
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER METROPOLITAN
PLANNING ORGANIZATION THAT:
1. The Collier MPO opposes the leasing of the Alligator Alley Toll Facility to a private
concessionaire as initiated by the State's RFQ and objects to the State's lack of
adequate advance notice, local public involvement and submittal to the MPO Board
and sub committees for the opportunity to review and comment on the potential lease
of the Alligator Alley Toll Facility.
This Resolution PASSED and duly adopted by the Collier Metropolitan Planning
Organization Board after majority vote on this 13th day of June, 2008.
Byin~ dcOc<<-J
Collier MPO Director
~ ~al sufficiency:
,{L-~L
COLLIER COUNTY METROPOLITAN
PLANNING ANIZATION
Attest:
By:
Scott R. Teach,
Deputy County Attorney
Agenda Item No.1 01
June 24, 2008
Page 7 of 8
RESOLUTION 2008-_
THIS RESOLUTION OF THE COLLIER COUNTY BOARD OF
COMMISSIONERS IS IN OPPOSITION TO THE LEASING OF THE
ALLIGATOR ALLEY TOLL FACILITY AND IS ALSO IN OPPOSITION TO
THE LACK OF ADEQUATE PUBLIC NOTICE AND INVOLVEMENT.
WHEREAS, The Florida Department of Transportation ("FDOT") issued a "Request for
Qualifications to Lease, Maintain, Operate and Receive Toll Revenues From Alligator Alley (I-
75), through a Concession Agreement (A Public Private Partnership)" on May 8, 2008 (the
"RFQ"); and
WHEREAS, the State of Florida has expressed an interest in seeking a private
concessionaire to operate the Alligator Alley Toll Facility for a period of between fifty (50) and
seventy-five (75) years; and
WHEREAS, toll transactions during fiscal year 2007 produced approximately $23.5
million dollars in revenue compared to approximately $6.1 million in costs of operating and
maintaining the Alligator Alley Toll Facility for that same period; and
WHEREAS, the Collier County Board of Commissioners has previously stated its
opposition to the State's efforts to lease the Alligator Alley Toll Facility and continues to oppose
any plan to lease the operation of the Toll Facility.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS FOR COLLIER COUNTY, FLORIDA THAT:
I. The Collier County Board of Commissioners opposes the leasing of the Alligator
Alley Toll Facility to a private concessionaire as initiated by the State's RFQ and
objects to the State's lack of adequate advance notice, local public involvement and
submittal to the Collier Metropolitan Planning Organization and its sub committees
for the opportunity to review and comment on the potential lease of the Alligator
Alley Toll Facility.
This Resolution PASSED and duly adopted by the Collier County Board of Commissioners
after majority vote on this 24th day of June, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
By:
Tom Henning, Chairman
Agenda Item No. 101
June 24, 2008
Page 8 of 8
Approved as to form and legal sufficiency:
Scott R. Teach,
Deputy County Attorney